What to Di if Ead Renewal Was Not Yet Recived
Steps to Take if Your DACA Renewal Is Delayed
Terminal updated JULY 2021
Prepared by the National Immigration Police Middle and the Immigrant Legal Resource Centre
The suggestions in this document are based on feedback we have received primarily from DACA renewal applicants. If you accept any boosted suggestions or feedback, please email the National Immigration Law Eye (NILC) at [email protected] .
Accept your Deferred Action for Childhood Arrivals (DACA) and usement authorization document (EAD) expired, or will they elapse soon?
If you have submitted your renewal application just are concerned considering your DACA and piece of work authorisation have expired or will expire before your DACA is renewed, consider post-obit the steps described below to get information near the status of your renewal application and, if appropriate, to ask U.S. Citizenship and Clearing Services (USCIS) to process your renewal more quickly.
USCIS suggests that you submit your completed renewal application at to the lowest degree 150 days (v months), just no after than 120 days (iv months), before your current DACA and employment authorization document (EAD) expire. Fifty-fifty if you don't submit your completed renewal application at least 120 days earlier your current DACA and EAD expire, USCIS will still accept and process the application. Simply your DACA may lapse for several weeks or months, depending on how tardily you lot applied for renewal.
To help yous figure out which specific dates are 150 and 120 days earlier your DACA expires, utilize NILC's DACA Renewal Calculator, www.nilc.org/dacarenewalcalculator/.
Are you lot concerned about processing delays?
Currently, iii USCIS service centers are handling DACA renewal cases, and application processing times — "expect times" — vary amongst the service centers. For the latest information, see USCIS's Check Case Processing Times website, https://egov.uscis.gov/processing-times/.
Because USCIS'south processing of renewal applications may be delayed, we recommend that you apply at least 150 days before your DA CA's expiration date. NILC's DACA Renewal Calculator — world wide web.nilc.org/dacarenewalcalculator/— tin aid y'all effigy out when to submit your renewal application in fourth dimension and then that your DACA and EAD don't expire before your renewal awarding is processed.
Annotation: Given the uncertainty of what volition happen with DACA, we encourage people requesting DACA to consult with an accredited representative (at a nonprofit arrangement that helps people with immigration matters) or an attorney before they utilize for renewal, to discuss the benefits and risks of applying.
What factors are likely to cause a longer application processing fourth dimension?
Certain factors, such as new arrests or criminal convictions, volition likely lead to a longer renewal asking processing fourth dimension. If you take been arrested or convicted since the last time yous renewed your DACA, you should speak with an immigration legal expert earlier filing a renewal request. For more than data most what "criminal background" issues might trigger a delay, run into this table that lists and describes the crime-related bars to DACA: www.ilrc.org/daca-criminal-confined-chart.
Also, if you submitted your DACA request early (i.due east., if yous submitted it more than than 150 days earlier your current DACA expires), USCIS may expect until closer to your DACA'southward expiration engagement to process your request. We know that requests submitted "early on" have been subject to a 150-twenty-four hour period queue/bar, significant that USCIS stops reviewing a request when information technology is ascertained that more than 150 days are left before the requestor'south electric current DACA expires and then goes dorsum to reviewing the request when there are less than 150 days left earlier the person's DACA expires.
What can you do if your DACA renewal is delayed?
Some people who've previously applied to renew their DACA accept non had their application approved before their DACA and piece of work authority expired. Others take received their renewal close to the appointment their DACA and work say-so expired. The suggestions or tips described beneath were developed based on our experience helping people who are in these situations.
Fifty-fifty if you lot did not submit your DACA renewal application within the fourth dimension catamenia that USCIS recommends, you may still be able to take some of the steps described below to be informed almost your application'southward progress and peradventure speed up its processing. Some of the options described may be more effective than others, depending on your particular case. Therefore, we recommend taking every bit many of these steps as you lot tin can.
When y'all take any of these steps, be prepared to provide:
- your full name
- your alien registration/USCIS number (A-number)
- your application receipt numbers and receipt dates
- the expiration appointment of your DACA and employment say-so document (EAD)
- information you provided in the renewal application forms (I-821D and I-765)
(If you made copies of the forms earlier you submitted them, have them on paw then you can refer to them.)
Below are the steps we suggest you take to follow up on your DACA renewal awarding.
one. Bank check your case status online
Yous can monitor your case's status past using USCIS'south online "My Instance Status" tool, at https://egov.uscis.gov/casestatus/landing.do. You will need to enter the receipt number for either your DACA application or your employment authorization awarding. (Y'all should have received a receipt for each application after you submitted your renewal application.) USCIS's online case status tool may show that your renewal awarding has been canonical earlier you lot receive your new EAD in the mail, so we recommend you check your case status online regularly.
Y'all can likewise create a USCIS Electronic Immigration System (USCIS ELIS) online account to rails the progress of your case — at https://myaccount.uscis.gov/.
Note : Some people have reported problems using USCIS's "My Case Status," such as the online tool being inoperable or not showing the example information. If you feel such problems, you tin can contact USCIS online at https://my.uscis.gov/account/needhelp.
ii. Submit an "exterior normal processing fourth dimension" inquiry past contacting the National Client Service Center (NCSC)
You can also submit an "outside normal processing time" inquiry with USCIS if your DACA renewal has been awaiting for a flow that is outside the normal processing times of the service center where your application is being processed, past contacting USCIS at 1-800-375-5283 or past submitting an inquiry online using this online USCIS class.[1]
To meet what is considered the normal processing time, go to https://egov.uscis.gov/processing-times/ and complete and submit the online form.
three. Contact the USCIS Ombudsman's office
Note: Contact the Ombudsman's role merely later on you have contacted USCIS to enquire well-nigh a delay. The Ombudsman's office recommends that you practise not contact information technology until later y'all've completed steps 1 and 2, above.
The Ombudsman's office reviews cases and may exist able to provide you with information almost yours. You can file a Case Aid Form DHS-7001 online with the USCIS Ombudsman at https://cisomb.dhs.gov/oca/form7001.aspx.
When you fill up out the form, you should draw the effects that the filibuster in the processing of your DACA awarding will have on you. When you file the DHS-7001 class online, state in the form (a) the reason(s) you are making the asking (for case, if you are at chance of losing a electric current or prospective chore), (b) the steps you have already taken to learn virtually the status of your case, and (c) what the local USCIS field part has told you about your example.
Once you take completed and submitted the online form, you should be issued an Ombudsman-specific case number. For further assistance, you tin contact the office by e-mail at [email protected].
4. Contact your congressional representative
Applicants who have not had success in getting a response from USCIS or the USCIS Ombudsman should contact the people who represent them in Congress for assistance, since their representative and senators have direct contacts with USCIS.
Call your representative's and senators' offices and ask to speak with their immigration caseworker. You lot can find out who your congresspeople are and get their contact data past entering your zip code at world wide web.house.gov/representatives/observe/ (to notice your representative) and www.senate.gov/senators/index.htm (to notice your senators).
We recommend that you start by getting the contact information for the congressperson's district or field office (their part that'southward closest to where y'all live) and call that part beginning to ask for help. Then if yous can't become the assist you need from the local office, you lot should contact the congressperson'southward function in Washington, DC, and follow that office's process for submitting an research about your instance.
Exist prepared to provide information about your case, the reason you are calling, equally well as your name, A-number, receipt numbers and dates, type of case, etc. If you believe your case needs to be handled on an emergency basis, explicate the urgency of your example up forepart and asking that its handling be expedited. Country the trouble you lot are facing as clearly as you can.
NOTE: Each congressional part has its ain structure, and some problems might be handled only by a congressmember'south Washington, DC, function. If, after calling the local part, you feel you want more assistance, attempt calling the congressmember's DC office for boosted support. In either case, explain your trouble to the caseworker, who may be able to ask USCIS for data about your case.
5. Contact a legal service provider
If you've followed all the suggestions nosotros make above but all the same oasis't gotten the information or aid you demand, you may want to contact a legal service provider. To notice a legal service provider in your area, visit https://www.informedimmigrant.com/guides/daca-renewals-2021/.
NOTES
[1] URL: https://egov.uscis.gov/e-request/displayONPTForm.do;jsessionid=06151D5F9AF09188FB9B8AB22BBC4672?sroPageType=onpt&entryPoint=init.
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Source: https://www.nilc.org/issues/daca/steps-take-daca-renewal-delayed/
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